New Jersey Statutes 13:1E-137. Definitions
Terms Used In New Jersey Statutes 13:1E-137
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
“Contract file” means a file established and maintained by a contracting unit, in which the contracting unit shall maintain a copy of its request for qualifications issued pursuant to section 19 of P.L.1985, c.38 (C. 13:1E-154), a list of vendors responding to its request for qualifications, a copy of its request for proposals issued pursuant to section 20 of P.L.1985, c.38 (C. 13:1E-155), a list of qualified vendors submitting proposals, and a document outlining the general criteria used by the contracting unit in selecting a proposal;
“Contracting unit” means any county; any municipality; any bistate authority; or any public authority which has statutory power to enter into contracts or agreements for the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility;
“County” means any county of this State of whatever class;
“Department” means the Department of Environmental Protection;
“Director” means the Director of the Division of Taxation in the Department of the Treasury;
“Division” means the Division of Taxation in the Department of the Treasury;
“Division of Local Government Services” means the Division of Local Government Services in the Department of Community Affairs;
“Franchise” means the exclusive right to control and provide for the disposal of solid waste, except for recyclable material whenever markets for those materials are available, within a district as awarded by the Board of Public Utilities or the department prior to November 10, 1997;
“Independent public accountant” means a certified public accountant, a licensed public accountant or a registered municipal accountant;
“Person or party” means any individual, public or private corporation, company, partnership, firm, association, political subdivision of this State, or any State, bistate, or interstate agency or public authority;
“Proposed contract” means a contract negotiated by a contracting unit pursuant to the provisions of P.L.1985, c.38 (C. 13:1E-136 et al.);
“Public authority” means any municipal or county utilities authority created pursuant to the “municipal and county utilities authorities law,” P.L.1957, c.183 (C. 40:14B-1 et seq.); county improvement authority created pursuant to the “county improvement authorities law,” P.L.1960, c.183 (C. 40:37A-44 et seq.); pollution control financing authority created pursuant to the “New Jersey Pollution Control Financing Law,” P.L.1973, c.376 (C. 40:37C-1 et seq.), or any other public body corporate and politic created for solid waste management purposes in any county, pursuant to the provisions of any law;
“Qualified vendor” means any person or party financially qualified for, and technically and administratively capable of, undertaking the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility or of providing resource recovery services, as provided in section 19 of P.L.1985, c.38 (C. 13:1E-154);
“Recyclable material” means those materials which would otherwise become solid waste, which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;
“Recycling” means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;
“Resource recovery facility” means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production;
“Sanitary landfill facility” means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste;
“Vendor” means any person or party proposing to undertake the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility or of providing resource recovery services.
L.1985, c.38, s.2; amended 2007, c.311, s.10.